Indianapolis Rape Defense Attorney
A rape charge in Indiana is a severe offense. Rape is defined as when someone knowingly and intentionally commits a sex crime with another person and they were compelled by force, a deadly weapon, or they were unaware of the sexual intercourse or sexual conduct that was occurring. A conviction for rape in Indiana is usually a Level 3 Felony, so you need an aggressive criminal defense attorney to assist you now.
The proven Indiana criminal defense attorneys at Gemma & Karimi have an outstanding case success record and will fight tirelessly for the best outcome in your situation. Our elite legal representation will provide a persuasive defense, and we look forward to standing up for your rights.
Contact our Indianapolis criminal defense attorneys for a free consultation at (317) 602-5970. Remember, anything you say to the police will be used against you in your case. Always exercise your right to remain silent, except for giving required information, such as your name and address, and that you want to speak to your attorney.
Understanding Sexual Violence and Assault
In Indiana, rape and sexual assault are defined under Indiana Code 35-42-4-1. The law states that rape has occurred in these circumstances:
- The other party is compelled by force or a threat of force.
- The other party does not know the sexual contact occurred, such as if they were asleep or drugged.
- The other party is so mentally deficient or disabled that they cannot consent to sexual contact.
- The accused disregards the other party’s attempts to refuse the sexual contact.
If charged with a rape crime, get a criminal defense attorney immediately. This is even more critical for convicted sex offenders, because it’s an enhanced charge in these cases.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 602-5970 or fill out our online contact form today to schedule a free consultation!
Ramifications of a Rape Conviction
A rape conviction triggers severe penalties. The standard charge is a Level 3 felony, which may result in three to 16 years in prison, and a $10,000 fine. The charge rises to a Level 1 felony in the following circumstances:
- You used force or the threat of force.
- You used a deadly weapon.
- The crime caused serious bodily injury.
- The victim was drugged without their knowledge.
A Level 1 felony conviction may result in 20 to 40 years in prison and a fine of $10,000. Also, a rape conviction may cause permanent damage to your reputation in the community. You may have to register on the convicted sex offenders list in Indiana, as well. The sex crime registry requirement may last for 10 years or more.
The charge will also profoundly affect your ability to work, rent a home or apartment, or attend college. Many colleges do not allow applicants or students to have serious criminal records. So, there are serious personal and legal consequences to being convicted, so you should hire a criminal defense lawyer immediately.
Defending Against Rape Charges
Defending against a rape charge in Indiana means leveraging various legal strategies that are tailored to your case. Even with a possible Level 3 or Level 1 felony charge for rape, there are several potentially effective defenses for Gemma & Karimi Law to consider:
- Consent: A primary defense for certain illegal sexual conduct charges is that you had consent to have sexual intercourse or commit other sexual acts with the person. Evidence may include eyewitness testimony, communications such as texts, or the plaintiff’s behavior toward you before and after the alleged crime. The evidence may suggest that you and the other party had a friendly, consensual relationship, which can be useful to question a rape charge.
- Mistaken identity: This defense states that you were not the person who committed the illegal sexual contact, such as rape or sexual assault. Potential evidence, such as video footage or eyewitness statements, may be a strong alibi showing you were elsewhere.
- Lack of evidence: The prosecutor must prove beyond a reasonable doubt that you committed the rape or other sexual conduct. Perhaps the prosecution lacks strong physical evidence that you committed the sexual act. Or, the accuser’s statements are inconsistent, or there were police errors, such as contaminated evidence collection. Your attorney will review all of the case evidence to probe for weaknesses in the prosecution’s case.
- False allegation: This defense states that the plaintiff’s accusation that they were sexually assaulted is because of illicit motives, such as revenge or jealousy.
- Mistake of age: The defendant may argue in a statutory rape or other sexual conduct case that they thought the person was at least 16, which is the consent age in Indiana. However, this defense does not apply if a deadly weapon or deadly force was used.
- Romeo and Juliet rule: For an illegal sexual conduct or a charge of sexual assault involving a minor who is 14 or 15, this defense may apply. If the accused is no more than four years older, and the relationship was consensual, this could eliminate the charge.
Why Choose Our Sex Crimes Lawyer in Indiana?
The police say you knowingly and intentionally committed sexual assault against another person. It’s terrifying to know you could go to prison if convicted of illegal sexual conduct, such as rape, or sexual assault with serious bodily injury. Always call on an aggressive, proven sexual conduct defense attorney to fight this serious felony charge.
Gemma & Karimi have over 25 years of combined criminal defense experience. Our clients get outstanding case results for serious criminal charges, such as rape and other illegal sex crimes. Our attorneys are former prosecutors and know how the prosecution thinks about rape charges and the available evidence. We understand how important confidentiality and discretion are in your case, and will always work for the best possible case result during all legal phases. Contact us at (317) 602-5970 for an immediate, free consultation about your rape charge.
Frequently Asked Questions
Exercise your right to remain silent immediately. Do not speak to law enforcement, investigators, or the accuser about the allegations, as anything you say can be used against you. Contact an experienced rape defense lawyer in Indianapolis right away to protect your rights and begin building your defense.
Look for an attorney with a proven track record specifically in sex crimes defense, not just general criminal law. A good lawyer will have experience navigating local courts and a deep understanding of forensic evidence. Research reviews and schedule a consultation with a specialized Indianapolis sexual assault attorney to discuss their strategy for your specific case.
In Indiana, rape is defined as sexual intercourse with another person compelled by force or imminent threat of force, or when the person is unaware or mentally incapacitated. It is generally charged as a Level 3 felony but can be elevated to a Level 1 felony under aggravating circumstances, such as the use of a deadly weapon or serious bodily injury.
Yes, consent is a primary defense strategy. Defending against rape charges often involves proving that the accuser gave consent or that the defendant reasonably believed consent was given. Your attorney will gather evidence, such as communication records and witness statements, to support this claim.
You have the constitutional right to remain silent, the right to an attorney, and the right to a fair trial. You also have the right to review the evidence against you and to confront your accuser in court. It is vital to retain a criminal defense rape lawyer in Indiana to ensure these rights are aggressively protected.
Rape defense involves a thorough investigation into the allegations, testing the credibility of the accuser, and examining physical or forensic evidence. Your lawyer may file motions to suppress illegally obtained evidence or introduce expert testimony to challenge the prosecution’s narrative.
A rape conviction carries severe penalties, including decades in prison and significant fines. Beyond jail time, rape conviction consequences include mandatory lifetime registration as a sex offender, which can permanently impact where you can live and work.
First, do not panic, and do not try to talk your way out of it with the police. Preserve any physical evidence, text messages, or social media interactions that may support your innocence. Contact a sex crimes lawyer near Indianapolis immediately to manage all communications and legal procedures.
Yes, many cases rely solely on witness testimony rather than DNA evidence. An experienced attorney knows how to contest a sexual assault allegation by highlighting inconsistencies in the accuser’s story and establishing a lack of burden of proof required for a conviction.
Local attorneys are familiar with the specific judges, prosecutors, and court procedures in Marion County and the surrounding areas. A dedicated rape lawyer in Indianapolis understands the local legal landscape, which can be a decisive factor in plea negotiations or trial outcomes.
Yes, a conviction for rape in Indiana generally requires mandatory registration on the Sex and Violent Offender Registry. This public record can restrict your housing options, employment opportunities, and social standing for the rest of your life.
Gemma & Karimi provide aggressive legal representation focused on dismantling the prosecution’s case. As your Indiana sex crimes defense attorney, we scrutinize every detail, from police misconduct to forensic errors, to pursue a dismissal or reduction of charges.
Rape involves sexual intercourse, whereas sexual battery involves touching another person’s intimate parts with the intent to arouse or satisfy sexual desires against their will. While both are serious offenses, rape charges carry significantly harsher prison sentences.
The cost varies based on the complexity of the case and the experience of the attorney. However, considering the life-altering consequences of a conviction, investing in a high-quality criminal defense rape lawyer in Indiana is critical for your future.
You should hire a lawyer the moment you suspect you are being investigated or are arrested. Early intervention allows your rape defense lawyer in Indianapolis to preserve critical evidence and potentially influence the filing of charges before they are formally lodged.
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